The H-1B cap lottery determines who gets a chance to file for an H-1B visa each year. Understanding the wage-weighted selection process, registration timeline, and filing requirements is the first step.
The H-1B visa cap limits new H-1B visas to 85,000 per year. Since demand consistently exceeds supply, USCIS uses a selection process to determine which registrations can proceed to a full petition filing.
For years, the H-1B selection was a purely random lottery — every registration had an equal chance regardless of salary or skill level. That changed with a final rule published December 29, 2025 and effective February 27, 2026, which implements a wage-weighted selection process for the FY 2027 cap season and beyond.
Under the new system, each registration is assigned a prevailing wage level based on the Standard Occupational Classification (SOC) code and intended worksite location. The Department of Labor’s Occupational Employment and Wage Statistics data determines the wage level. USCIS then weights entries by wage level: Level IV (fully competent) positions receive four entries into the selection pool, Level III (experienced) receives three, Level II (qualified) receives two, and Level I (entry-level) receives one.
The annual H-1B cap consists of 65,000 visas under the regular cap plus 20,000 additional visas reserved for beneficiaries who hold a master’s degree or higher from a U.S. institution. Cap-exempt employers — including institutions of higher education, nonprofit research organizations, and government research organizations — are not subject to the annual cap and can file H-1B petitions at any time.
The registration period typically opens in March. Employers submit electronic registrations through the USCIS online portal, paying a $215 registration fee per beneficiary. If selected, the employer has a filing window (typically 90 days) to submit the complete H-1B petition with Form I-129 and all supporting documentation.
Use our free tool to understand your position and options.
Use the free tool →H-1B workers and prospective H-1B beneficiaries have important rights throughout the lottery and filing process.
Employers must pay at least the prevailing wage for the occupation in the area of employment. Under the new wage-weighted lottery system, the wage level assigned during registration must accurately reflect the position. Artificially inflating or deflating wage levels to game the lottery can lead to RFEs, denials, or fraud investigations.
Under federal law, the employer must pay all H-1B filing fees, including the registration fee, base filing fee, fraud prevention fee, and ACWIA training fee. These costs cannot be passed to the H-1B worker. California’s AB 692, effective January 2026, further prohibits employers from requiring workers to repay any employment-related costs.
If you work for a qualifying cap-exempt employer, you are not subject to the annual cap or lottery. This includes universities, nonprofit entities affiliated with institutions of higher education, nonprofit research organizations, and government research organizations.
The H-1B lottery operates under a framework established by the Immigration and Nationality Act and implemented through USCIS regulations. The annual cap of 85,000 visas (65,000 regular plus 20,000 advanced degree) has remained unchanged since the H-1B Visa Reform Act of 2004.
The wage-weighted selection process, finalized in December 2025 under 8 CFR 214.2(h), adds a new layer to the selection criteria. USCIS assigns wage levels based on SOC codes and the Department of Labor’s Occupational Employment and Wage Statistics data. The weighting system operates as a multiplier on lottery entries, not as a guarantee of selection. A Level IV registration is four times more likely to be selected than a Level I registration, all else being equal, but high overall registration volumes can still result in non-selection at any wage level.
Additionally, the $100,000 supplemental fee introduced by presidential proclamation in September 2025 applies to certain new H-1B petitions, primarily those involving consular processing for beneficiaries abroad. This fee is subject to ongoing litigation and scheduled to expire in September 2026. Employers must factor this potential cost into their lottery strategy.
The H-1B lottery follows a defined annual cycle. Registration typically opens in early March and runs for approximately two to three weeks. USCIS announces the exact dates each year. After registration closes, USCIS runs the weighted selection process and notifies selected registrants, usually by the end of March or early April.
Selected employers then have a filing window — typically 90 days from the date of the selection notice — to submit the complete I-129 petition. USCIS adjudicates petitions on a rolling basis, with standard processing times ranging from three to six months. Premium processing reduces the initial response time to 15 business days.
If the initial selections do not fill the cap, USCIS may conduct additional selection rounds. Unselected registrations remain in the pool until USCIS determines the cap has been reached or the fiscal year ends. Cap-subject H-1B employment typically begins on October 1, the start of the new fiscal year.
Proper documentation is essential for both registration and petition filing:
Selection odds depend on the total number of registrations and the distribution of wage levels in any given year. Under the wage-weighted system, Level IV positions have roughly four times the selection probability of Level I positions. USCIS received approximately 470,000 registrations for the FY 2026 cap season. With 85,000 slots available, the overall selection rate was approximately 18%, though individual odds varied significantly by wage level.
No. The wage level must accurately reflect the position’s actual requirements. The wage level is determined by the SOC code, worksite location, and the complexity and experience requirements of the role. Artificially inflating the wage level can trigger an RFE or denial and may constitute fraud.
If not selected, your registration remains in the pool for possible additional selection rounds. If you are not ultimately selected, you cannot file a cap-subject H-1B petition for that fiscal year. Alternative options include employment with a cap-exempt employer, O-1 visa for individuals with extraordinary ability, L-1 intracompany transfer, or maintaining current status (such as F-1 OPT) until the next lottery cycle.
USCIS typically opens registration in early March and the window lasts approximately two to three weeks. USCIS announces the exact dates on its website. For the FY 2027 cap season, registration opens in March 2026 with the wage-weighted selection rule in effect.
Yes. The H-1B is an employer-sponsored visa. The employer must register you for the lottery and, if selected, file the H-1B petition on your behalf. You cannot self-petition for an H-1B visa. The employer must have a specific position available that qualifies as a specialty occupation.
Yes, in certain circumstances. Cap-exempt employers (universities, nonprofit research organizations, government research organizations) are not subject to the annual cap and do not participate in the lottery. Additionally, if you already hold H-1B status and are transferring to a new employer, the transfer is not subject to the cap. Concurrent H-1B employment with a cap-exempt employer also does not count against the cap.
The $100,000 supplemental fee applies to certain new H-1B petitions — primarily those involving consular processing for beneficiaries abroad. It does not apply to the lottery registration itself, but it significantly increases the total cost of sponsorship for employers hiring workers from outside the U.S. The fee is subject to ongoing federal litigation and is scheduled to expire in September 2026.
Under the beneficiary-centric selection process, each beneficiary receives only one chance in the lottery regardless of how many employers submit registrations. Multiple registrations for the same beneficiary do not increase selection odds. USCIS will deny or revoke duplicate petitions filed without a legitimate business need.
“The entire team was knowledgeable, responsive, and truly cared about my case from start to finish. They explained every step clearly and made sure I understood my options.”— Evan, Google Review
“From my first call, they treated me with respect, compassion, and professionalism. They explained the process clearly and made me feel supported every step of the way.”— Laurie, Google Review
“Bay Legal went above and beyond for me. They made sure I understood what was happening and always kept me updated. I felt like a priority, not just another file.”— Kizzy, Google Review
Bay Legal PC handles immigration matters throughout California. Tell us about your situation and we’ll be in touch within one business day.
Or visit Bay Legal PC directly:
Visit BayLegal.com →